At the PTAB Blog

At the PTAB Blog

IPR and PGR Statistics for Final Written Decisions Issued in January 2023 IPR and PGR Statistics for Final Written Decisions Issued in January 2023

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District Court Collateral Estoppel: Materially Altering the Question of Invalidity District Court Collateral Estoppel: Materially Altering the Question of Invalidity

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Will Exclusionary Criteria Be Excluded as Claim Limitations? Time Will Tell as PTAB Institutes IPR in Mylan v. Regeneron Will Exclusionary Criteria Be Excluded as Claim Limitations? Time Will Tell as PTAB Institutes IPR in Mylan v. Regeneron

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Director Vidal Clarifies That the Compelling Merits Determination Is Not a Substitute for the Fintiv Analysis Director Vidal Clarifies That the Compelling Merits Determination Is Not a Substitute for the Fintiv Analysis

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Federal Circuit PTAB Appeal Statistics for January 2023 Federal Circuit PTAB Appeal Statistics for January 2023

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Relying on Provisional Application Filing Date Only Valid When Both Steps of Dynamic Drinkware Analysis Are Proven 

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A Split Decision on Patentability: What Worked for the Petitioner and What Did Not A Split Decision on Patentability: What Worked for the Petitioner and What Did Not

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Federal Circuit PTAB Appeal Statistics for December 2022 Federal Circuit PTAB Appeal Statistics for December 2022

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IPR, CBM, and PGR Statistics for Final Written Decisions Issued in October Through December 2022 IPR, CBM, and PGR Statistics for Final Written Decisions Issued in October Through December 2022

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Possible Defects Won’t Render Prior Art Inoperative Possible Defects Won’t Render Prior Art Inoperative

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Dialing up Fixes to Your Patent Claims: So Relaxing! Dialing up Fixes to Your Patent Claims: So Relaxing!

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Federal Circuit PTAB Appeal Statistics for October and November 2022 Federal Circuit PTAB Appeal Statistics for October and November 2022

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The Power of Ordinary Skill: PTAB Denies Rehearing Request Based on the Defined POSA Lacking Skill to Support Obviousness Arguments The Power of Ordinary Skill: PTAB Denies Rehearing Request Based on the Defined POSA Lacking Skill to Support Obviousness Arguments

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Claim Construction Can Be Determinative! Claim Construction Can Be Determinative!

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Board Reaffirms that Assignor Estoppel Does Not Bar Assignor from Filing IPR Petition Board Reaffirms that Assignor Estoppel Does Not Bar Assignor from Filing IPR Petition

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References Cited in IDSs but Not Discussed by Examiners May Get Petitioners over the Hurdle of Institution Denial References Cited in IDSs but Not Discussed by Examiners May Get Petitioners over the Hurdle of Institution Denial

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Sometimes Better Never Than Late Sometimes Better Never Than Late

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Inequitable Conduct Claim Can Proceed Even After the Case Is Over Inequitable Conduct Claim Can Proceed Even After the Case Is Over

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Obviousness Allegations Fall Short After Petitioner’s “Weak Showing” of a Motivation to Combine the Art Obviousness Allegations Fall Short After Petitioner’s “Weak Showing” of a Motivation to Combine the Art

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Single Value Found Not Inherently Anticipated or Inherently Obvious from a Range Single Value Found Not Inherently Anticipated or Inherently Obvious from a Range

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Finnegan Attorneys Author the Third Edition of The Practitioner’s Guide to Trials Before the Patent Trial and Appeal Board Finnegan Attorneys Author the Third Edition of The Practitioner’s Guide to Trials Before the Patent Trial and Appeal Board

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IPR, CBM, and PGR Statistics for PTAB Final Written Decisions Through September 2022 IPR, CBM, and PGR Statistics for PTAB Final Written Decisions Through September 2022

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PTAB Denies IPR Challenging Patent Relating to a Prenatal Vitamin PTAB Denies IPR Challenging Patent Relating to a Prenatal Vitamin

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Product-by-Process Construction Dooms Claims Product-by-Process Construction Dooms Claims

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Updated PTAB Guidance on Use of Applicant Admitted Prior Art in IPRs Updated PTAB Guidance on Use of Applicant Admitted Prior Art in IPRs